Myles, I'm sure you're right that stipulations will alienate some potential customers which we regret. But these days it seems that charging anything for digital content is taken as an affront. And it shouldn't matter to anyone who simply wants to use a film in class.
As a public librarian, however, you have nothing to worry about because circulation copies are used by only one borrower at a time, you could license virtual copies similarly to Overdrive at the $49.95 price. We'd like to be able to sell directly through Overdrive, in fact, but they aren't able to differentiate between public and university libraries (you'd think the .edu versus .org suffix would be simple enough.) As to UCLA, I agree they might not respect a license even if they agreed to it. Like some other distributors, we are not selling to U.C.L.A. until the case is resolved. The state seems to have decided it's less expensive to litigate than to pay for its educational materials and I suppose they might well be right. Larry Lawrence Daressa California Newsreel 500 Third Street, #505 San Francisco, CA 94107 phone: 415.284.7800 x302 fax: 415.284.7801 l...@newsreel.org www.newsreel.org -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of videolib-requ...@lists.berkeley.edu Sent: Friday, May 14, 2010 3:12 PM To: videolib@lists.berkeley.edu Subject: videolib Digest, Vol 30, Issue 52 Send videolib mailing list submissions to videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele y.edu or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu You can reach the person managing the list at videolib-ow...@lists.berkeley.edu When replying, please edit your Subject line so it is more specific than "Re: Contents of videolib digest..." Today's Topics: 1. Re: Licensing versus Sales; Institutional versus Home Pricing (Jaeschke, Myles) ---------------------------------------------------------------------- Message: 1 Date: Fri, 14 May 2010 17:04:16 -0500 From: "Jaeschke, Myles" <mjae...@tulsalibrary.org> Subject: Re: [Videolib] Licensing versus Sales; Institutional versus Home Pricing To: "'videolib@lists.berkeley.edu'" <videolib@lists.berkeley.edu> Message-ID: <879996668085ee4ab2aab049051c420d91e2974...@tccl-email.central.local> Content-Type: text/plain; charset="us-ascii" Christine, I was just thinking kinda the same thing but wasn't quite sure how to word it. I think most of the media librarians out there strive to honor the requests and terms of our vendors, but there has to be a simpler way than this. Lawrence with all of these stipulations you may be alienating some of the purchasers of your fine products. Many of the steaming issues are not an issue for me yet as a purchaser for a public library but I'm sure it's coming in the near future. Best, Myles Jaeschke Tulsa City County Library Media Collections From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of CROWLEY, CHRISTINE Sent: Friday, May 14, 2010 4:52 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Licensing versus Sales; Institutional versus Home Pricing I'm trying to imagine having the time and the staff to arrange for and monitor the usage of your materials, Lawrence. And multiply that by the number of vendors we buy from...all of whom may have similar policies with minor differences..hmmm. And then we must also invite the IT folks and faculty to these discussions as they often are ignorant (blissfully so) of the nuances of use and are probably planning to make use of the current technology to deliver this information to their students. There might be a whole new career path for Licensing Arbitrators. Not that we could afford to hire one... Just my thoughts on a rainy afternoon, Christine Crowley Dean of Learning Resources Northwest Vista College 3535 N. Ellison Dr. San Antonio, TX 78251 210.486.4572 office 210.486.4504 fax ccrowl...@alamo.edu<mailto:ccrowl...@alamo.edu> Northwest Vista College is one of the Alamo Colleges www.alamo.edu/nvc/lrc<http://www.alamo.edu/nvc/lrc> ________________________________ From: videolib-boun...@lists.berkeley.edu on behalf of Lawrence Daressa Sent: Fri 5/14/2010 3:48 PM To: videolib@lists.berkeley.edu Subject: [Videolib] Licensing versus Sales; Institutional versus Home Pricing Dear All, I've been off the list for two weeks and would like to add something to the discussion of licensing versus sales and institutional versus home pricing. I apologize if I have made these points before, but they seem to have bearing on these postings. Newsreel has begun attaching a licensing agreement to all our DVD sales in response to the UCLA case and the proliferation of similarly fanciful fair use claims. All purchasing a license as opposed to a DVD does is restrict use to registered students, staff and faculty, whether individually or in class. It also forbids format migration. DVDs, of course, may still be delivered digitally to classrooms and may be included in CMSs for $2.99 per student or for $195 for an entire institution (the break-even point is obviously 66 students.) We agree that it is unreasonable to expect a professor or researcher to pay $195 just to screen a film. Therefore we continue to offer free DVD previews which will soon be available via video streaming. To accommodate libraries which would like to use a film for reference as opposed to curricular purposes, we also license digitally downloaded files with DRM restricting their use to the usual four digital devices (with the proviso that none of these devices be used in a classroom.) Analogously, we feel it is unreasonable to expect a university to pay the same price as a individual home video purchaser ($24.95) to screen a film to several thousand students over a period of years. The advent of remote digital delivery and more sophisticated DRM wrap should allow even more flexible pricing and a more equitable correlation of price with actual use. Larry Daressa Lawrence Daressa California Newsreel 500 Third Street, #505 San Francisco, CA 94107 phone: 415.284.7800 x302 fax: 415.284.7801 l...@newsreel.org www.newsreel.org -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of videolib-requ...@lists.berkeley.edu Sent: Friday, May 14, 2010 10:47 AM To: videolib@lists.berkeley.edu Subject: videolib Digest, Vol 30, Issue 49 Send videolib mailing list submissions to videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele y.edu or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu You can reach the person managing the list at videolib-ow...@lists.berkeley.edu When replying, please edit your Subject line so it is more specific than "Re: Contents of videolib digest..." Today's Topics: 1. New Social Network question (Rachel Gordon) 2. Re: Copyright & Reserves (ghand...@library.berkeley.edu) 3. Re: New Social Network question (Susan Albrecht) ---------------------------------------------------------------------- Message: 1 Date: Fri, 14 May 2010 13:35:10 -0400 From: "Rachel Gordon" <energ...@verizon.net> Subject: [Videolib] New Social Network question To: <videolib@lists.berkeley.edu> Message-ID: <7c187472cae84f68af76569b13851...@rachel> Content-Type: text/plain; charset="us-ascii" Hey all! Is anyone using Diaspora yet? I have been seeing it pop up a lot in film stuff and thought I'd see if it was something you're all looking into or not.apparently a better/more private version of Facebook developed by 4 NYU early 20's grad students. Hope all is well - love to hook up at ALA! Best, Rachel Rachel Gordon energ...@verizon.net www.energizedfilms.com -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. ------------------------------ Message: 2 Date: Fri, 14 May 2010 10:41:22 -0700 From: ghand...@library.berkeley.edu Subject: Re: [Videolib] Copyright & Reserves To: videolib@lists.berkeley.edu Message-ID: <57e638cb26a238f9b2b6ba7a0e657973.squir...@calmail.berkeley.edu> Content-Type: text/plain;charset=utf-8 Listen, if that were the case, there would be no video collections in libraries. Don't believe it. Where is your colleague getting his/her info? Mars? Gary > I think he should find you that court case because it is NUTS. Nothing in > copyright law would limit the distribution of a legal copy. The right of > first sale allows the purchaser to use the item in any legal way including > renting it, circulating it or leaving it on reserve. The only way to > supersede that would be by contract and I have a hard time imagining a > company requiring a borrow NOT to put an item on reserve as a term of sale > , > but I suppose it is theoretically possible. > > Anyway ask him for a link to the case. > > On Fri, May 14, 2010 at 11:36 AM, Moshiri, Farhad <mosh...@uiwtx.edu> > wrote: > >> This is getting more interesting. My colleague says there has been court >> cases in which the copyright holder claimed that by keeping the book (or >> DVD) constantly on reserve and making it available all the time, the >> library >> is somehow preventing the faculty and the students to buy it and so >> damaging >> the potential market for the item and the court has sided with the >> copyright >> holder! The reasoning is that if the item is on regular circulating >> shelf, >> one person checks it out and others will be encouraged to buy the item. >> I >> haven't heard of such a case before. Maybe there has been cases about >> the >> textbooks. But audiovisual materials on reserve are usually supplemental >> materials with the exception of film studies courses, of course. What do >> you >> think? >> >> Farhad >> >> ________________________________________ >> From: videolib-boun...@lists.berkeley.edu [ >> videolib-boun...@lists.berkeley.edu] On Behalf Of >> ghand...@library.berkeley.edu [ghand...@library.berkeley.edu] >> Sent: Thursday, May 13, 2010 1:15 PM >> To: videolib@lists.berkeley.edu >> Subject: Re: [Videolib] Copyright & Reserves >> >> None of what your colleagues has told you is true. I think he or she is >> definitely confusing this stuff with photoduplicated print reserve >> materials. The First Sale doctrine of the copyright law allows you to >> do >> whatever you damn want with legally acquired copies of DVDs (including, >> unlimited loan, resale, rental...) >> >> gary handman >> >> >> >> > One of my colleagues told me in order to keep a DVD (or a book) on >> course >> > reserves for consecutive semesters we need to get copyright holder's >> > permission. I know this is true about copies of journal articles or >> > chapters of books. But this is about the legally purchased DVDs or >> books >> > in the library collection. Is this true? >> > >> > Farhad Moshiri >> > AV Librarian >> > University of the Incarnate Word >> > San Antonio, TX >> > >> > ________________________________ >> > This email and any files transmitted with it may be confidential or >> > contain privileged information and are intended solely for the use of >> the >> > individual or entity to which they are addressed. If you are not the >> > intended recipient, please be advised that you have received this >> email >> in >> > error and that any use, dissemination, forwarding, printing, or >> copying >> of >> > this email and any attachments is strictly prohibited. If you have >> > received this email in error, please immediately delete the email and >> any >> > attachments from your system and notify the sender. Any other use of >> this >> > e-mail is prohibited. Thank you for your compliance. >> > VIDEOLIB is intended to encourage the broad and lively discussion of >> > issues relating to the selection, evaluation, >> acquisition,bibliographic >> > control, preservation, and use of current and evolving video formats >> in >> > libraries and related institutions. It is hoped that the list will >> serve >> > as an effective working tool for video librarians, as well as a >> channel >> of >> > communication between libraries,educational institutions, and video >> > producers and distributors. >> > >> >> >> Gary Handman >> Director >> Media Resources Center >> Moffitt Library >> UC Berkeley >> >> 510-643-8566 >> ghand...@library.berkeley.edu >> http://www.lib.berkeley.edu/MRC >> >> "I have always preferred the reflection of life to life itself." >> --Francois Truffaut >> >> >> VIDEOLIB is intended to encourage the broad and lively discussion of >> issues >> relating to the selection, evaluation, acquisition,bibliographic >> control, >> preservation, and use of current and evolving video formats in libraries >> and >> related institutions. It is hoped that the list will serve as an >> effective >> working tool for video librarians, as well as a channel of communication >> between libraries,educational institutions, and video producers and >> distributors. >> >> This email and any files transmitted with it may be confidential or >> contain >> privileged information and are intended solely for the use of the >> individual >> or entity to which they are addressed. If you are not the intended >> recipient, please be advised that you have received this email in error >> and >> that any use, dissemination, forwarding, printing, or copying of this >> email >> and any attachments is strictly prohibited. If you have received this >> email >> in error, please immediately delete the email and any attachments from >> your >> system and notify the sender. Any other use of this e-mail is >> prohibited. >> Thank you for your compliance. >> >> VIDEOLIB is intended to encourage the broad and lively discussion of >> issues >> relating to the selection, evaluation, acquisition,bibliographic >> control, >> preservation, and use of current and evolving video formats in libraries >> and >> related institutions. It is hoped that the list will serve as an >> effective >> working tool for video librarians, as well as a channel of communication >> between libraries,educational institutions, and video producers and >> distributors. >> > VIDEOLIB is intended to encourage the broad and lively discussion of > issues relating to the selection, evaluation, acquisition,bibliographic > control, preservation, and use of current and evolving video formats in > libraries and related institutions. It is hoped that the list will serve > as an effective working tool for video librarians, as well as a channel of > communication between libraries,educational institutions, and video > producers and distributors. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 ghand...@library.berkeley.edu http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut ------------------------------ Message: 3 Date: Fri, 14 May 2010 13:50:49 -0400 From: Susan Albrecht <albre...@wabash.edu> Subject: Re: [Videolib] New Social Network question To: <energ...@verizon.net>, <videolib@lists.berkeley.edu> Message-ID: <2ff2bcd5e436064db03d23dd471f543809c92...@exstore.wabash.main> Content-Type: text/plain; charset="us-ascii" I just looked at their site a couple of days ago. It didn't look like it was quite up & running yet. Or am I mistaken? Something more private than FB is sounding MUCH better at the moment.... Susan From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Rachel Gordon Sent: Friday, May 14, 2010 1:35 PM To: videolib@lists.berkeley.edu Subject: [Videolib] New Social Network question Hey all! Is anyone using Diaspora yet? I have been seeing it pop up a lot in film stuff and thought I'd see if it was something you're all looking into or not...apparently a better/more private version of Facebook developed by 4 NYU early 20's grad students... Hope all is well - love to hook up at ALA! Best, Rachel Rachel Gordon energ...@verizon.net www.energizedfilms.com -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. End of videolib Digest, Vol 30, Issue 49 **************************************** VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. End of videolib Digest, Vol 30, Issue 52 **************************************** VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
